FAQ: What is the purpose of an Asset Protection Trust?

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What is the purpose of an Asset Protection Trust?

An Asset Protection Trust is a legal device that is designed to provide a substantial barrier to an attack on assets from potential creditors, provides additional protection during any civil (business related, contractual or for money damages) law suit. It is frequently designed with enough flexibility so the beneficiaries may use trust assets while fighting any litigation proceeding. Properly constructed, it frequently allows the Settlor to put the assets "beyond the reach" of creditors and US judgments.

What is a Trust?

What is the purpose of an Asset Protection Trust?

Do we want a Foreign or Domestic Trust?

What is a Domestic Asset Protection Trust?

What is a Foreign Asset Protection Trust?

Are my life long accumulated assets susceptible to creditor attack?

How does an Asset Protection Trust operate?

Who manages or administers the trust and the trust funds?

Does an Asset Protection Plan make sense for me?

The Building Blocks of Asset Protection

The building blocks used in asset protection structures include: the corporation, the family limited partnership, the limited liability company, wills, trusts, and an arsenal of offshore tools. To help familiarize you with terminology and uses, here is an overview.

The Corporation

Incorporating your business is one way to protect some of your personal assets from creditors' claims. To incorporate, you must file articles of incorporation with the secretary of state. The articles establish the corporation as a legally separate entity for liability and tax purposes, apart from the person(s) who started it. This separate identity makes incorporating your business certainly more protective of your personal assets than the sole proprie...

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